Section 47.69

Subdivision 1. To protect the privacy of customers using
electronic financial terminals, including any supporting
equipment, structures or systems, information received by or
processed through such terminals, supporting equipment,
structures or systems shall be treated and used only in
accordance with applicable law relating to the dissemination and
disclosure of such information. The person establishing and
maintaining an electronic financial terminal, including any
supporting equipment, structures or systems, shall take such
steps as are reasonably necessary to restrict disclosure of
information to that necessary to complete the transaction and to
safeguard any information received or obtained about a customer
or that customer's account from misuse by any person staffing an
electronic financial terminal, including any supporting
equipment, structures or systems.

Subd. 2. The commissioner shall have the authority by rule
to require each person operating pursuant to sections 47.61 to
47.74 to supply information to customers using electronic
financial terminals of the person's consumer protection policies
including the rights and liabilities of the consumer and
protection against wrongful and unnecessary or accidental
disclosure of confidential information.

Subd. 3. Every financial institution using an electronic
financial terminal shall maintain reasonable procedures to
minimize losses from unauthorized withdrawals from its
customers' accounts by use of an electronic financial terminal.
After a customer makes a bona fide deposit or payment at an
electronic financial terminal and has received a receipt, any
loss due to theft or other reason shall not be borne by the
customer; provided, loss due to the nonpayment or dishonor of a
check, or other order for payment, deposited at an electronic
financial terminal shall be governed by the applicable
provisions of chapter 336. A financial institution shall be
liable for all unauthorized withdrawals unless the unauthorized
withdrawal was due to the loss or theft of the customer machine
readable card, including a debit card, in which case the
customer shall be liable, subject to a maximum liability of $50,
for those unauthorized withdrawals made prior to the time the
financial institution is notified of the loss or theft. With
respect to debit card transactions, this subdivision applies to
unauthorized withdrawals made from an electronic financial
terminal or from an electronic point-of-sale terminal operated
by a retailer, described in section 47.61, subdivision 3,
paragraph (b), clause (3). The limitation on liability is
effective only if the issuer is notified of unauthorized charges
contained in a bill within 60 days of receipt of the bill by the
person in whose name the card is issued. For purposes of this
subdivision, "unauthorized withdrawal" means a withdrawal by a
person other than the customer without actual authority to
initiate the withdrawal and from which the customer receives no
benefit. The term does not include any withdrawal that is: (1)
initiated by a person who was furnished with the card by the
customer, unless the customer has notified the financial
institution involved that transfers by that person are no longer
authorized; (2) initiated with fraudulent intent by the customer
or any person acting in concert with the customer; or (3)
initiated by the financial institution or its employee.

Subd. 4. No person's social security number shall be used
as the personal identification number or as any code to activate
any electronic financial terminal.

Subd. 5. Any customer of a financial institution may bring
a civil action against any person violating any subdivision of
this section in the district court in the county of the alleged
violator's residence or principal place of business or in the
county wherein the alleged violation occurred. Upon adverse
adjudication, the defendant shall be liable for actual damages,
or $500, whichever is greater, punitive damages when applicable,
together with the court costs and reasonable attorneys' fees
incurred by the plaintiff. The court may provide such equitable
relief as it deems necessary or proper, including enjoining the
defendant from further violations. If the unauthorized
withdrawal was due to the negligent conduct or the intentional
misconduct of an operator or person establishing and maintaining
an electronic financial terminal other than a financial
institution or agent of a financial institution, that operator
or person establishing and maintaining an electronic financial
terminal or its agent is liable and subject to a civil action
under this subdivision by the financial institution considered
liable under subdivision 3 that has reimbursed the customer.

Subd. 6. Every financial institution using an electronic
financial terminal shall provide its customers a receipt or
record of each transaction initiated at the terminal, and shall
provide its customers a transaction statement at least quarterly
specifying types, dates, and amounts of all electronic financial
terminal transactions for the previous statement period.